Commonsense Legislative Exceptional Events Reforms Act of 2017

Commonsense Legislative Exceptional Events Reforms Act of 2017

This bill amends the Clean Air Act to revise the criteria used by the Environmental Protection Agency in reviewing state air quality monitoring data influenced by exceptional events. Currently, an exceptional event affects air quality, is not reasonably controllable or preventable, and is caused by a natural event or by human activity that is unlikely to recur at a particular location. This bill allows an exceptional event to include a meteorological event involving high temperatures or lack of precipitation.

Under current law, states may petition the EPA to exclude air quality monitoring data that are affected by an exceptional event in determining whether there were exceedances or violations of the National Ambient Air Quality Standards. The bill requires the criteria used by the EPA in determining whether an exceptional event was demonstrated by a state to be specific in order to minimize the discretion of the EPA in approving or disapproving the demonstration.

The EPA must make a determination within 90 days after the submission of a petition by a state of an exceptional event demonstration. The demonstration is approved if the EPA does not make a determination by that deadline.

A determination must be based on a preponderance of the evidence and give substantial deference to the findings of the state exceptional event demonstration. An appeal process for reviewing a disapproval of a demonstration is established.